The Claimant was dismissed and claimed that the dismissal was wrongful, that the Respondent had subjected her to disability discrimination (by reference to anxiety and depression) and to race discrimination (by reference to her Nigerian national origin), and that it had not fully paid her wages. Eventually the only claim that was pursued was race discrimination. At a preliminary hearing, the EJ made directions for the final hearing. He did not direct that liability and remedy would be split. However, in due course, the tribunal’s administrative staff sent the parties a notice of hearing. Included within this notice was: “We have set aside three days for its full disposal, including remedy if appropriate”. The Claimant, who was professionally represented, had submitted her schedule of loss, which did not itemise or quantify financial loss, and which remained unchanged from the initial submission. She won her claim and was awarded £3,000 for injury to feelings. The Claimant applied for the judgment to be reconsidered. The application contended that the award for injured feelings should have been £7,000 and that she should have been awarded financial loss of about £23,500. The ET refused her application and she appealed on the basis that it was an error of law for the ET to decide remedy in circumstances where remedy was not properly before it.

The EAT dismissed the appeal. It was the Claimant's ill preparedness rather than the ET’s procedural irregularity which caused her not to put forward more evidence about her loss. The second ground relating to a failure by the ET to determine an application by her representative for the issue of financial loss arising from the inaccurate reference to be dealt with on a later occasion was also dismissed.